RAJIV RANJAN MISHRAversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 39724 of 2026

Rajiv Ranjan Mishra
                                                            .....Applicant(s)
                                  Versus
State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                        :    Devesh Kumar
Counsel for Opposite Party(s)                   :    G.A.

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present application has been preferred for seeking quashing of
chargesheet dated 31.10.2016 and cognizance/summoning order dated
13.10.2017 along with entire proceedings of Criminal Case No.14226 of
2017 (State Vs. Rajiv Ranjan Mishra), arising out of Case Crime No.475 of
2016, under Section 507 IPC, P.S. Cantt., District Varanasi, pending in the
court of learned Chief Judicial Magistrate, Varanasi.

3. Learned counsel for applicant has made only one submission before the
Court that offence under Section 507 I.P.C. is non-cognizable and in view of
the explanation to Section 2(d) Cr.P.C., the chargesheet filed by the
Investigating Officer concerned cannot proceed as a police case and the
same is liable to be proceeded with as a complaint case. In support of his
submission, learned counsel of applicant has placed reliance upon the
judgment passed in the case of Shakila Bano and others Vs. State of U.P.
and another, 2008 (61) ACC 636.

4. Although, learned AGA opposed the prayer sought through the instant
application but did not dispute the submissions so made by learned counsel
for applicant.

5. Since the arguments as advanced on behalf of learned counsel for
applicant, are based on legal issue, no notice is required to be issued to
opposite party no.2.

6. Before proceeding further, the relevant provisions of Section 2 (d) of
Cr.P.C. are being reproduced for ready reference as under:-

     "2. Definitions.-In this Code, unless the context otherwise
                                                                                            NA528 No. 39724 of 2026
                                                                    2

                                         requires,-

                                         (d) "complaint" means any allegation made orally or in writing
                                         to a Magistrate, with a view to his taking action under this Code,
                                         that some person, whether known or unknown, has committed an
                                         offence, but does not include a police report.

                                         Explanation.- A report made by a police officer in a case which
                                         discloses, after investigation, the commission of a non-
                                         cognizable offence shall be deemed to be a complaint; and the
                                         police officer by whom such report is made shall be deemed to be
                                         the complainant."

                                    7. In view of the above explanation, charge sheet submitted by the concerned
                                    Investigating Officer in the present case under Section 507 I.P.C. shall be
                                    treated as complaint and it is to be decided as complaint and the learned
                                    Magistrate fell in legal error by taking cognizance as State case and the
                                    orders passed by him is, therefore, liable to be set aside.

                                    8. In view thereof, order dated 13.10.2017 passed in Criminal Case
                                    No.14226 of 2017 (State Vs. Rajiv Ranjan Mishra), arising out of Case
                                    Crime No.475 of 2016, summoning the applicant on the basis of chargesheet
                                    submitted by concerned Investigating Officer under Section 507 I.P.C.
                                    treating the same as State case, is set aside.

                                    9. Accordingly, the instant application is partly allowed.

                                    10. However, it is made clear that this order shall not preclude the learned
                                    court concerned to proceed with the case treating it as complaint case, if
                                    required, in accordance with law.

                                    September 18, 2026
                                    Vivek Kr.
                                                                                        (Saurabh Srivastava,J.)




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad